Wallowing in a bit of gloom and guilt about the way you acted at the office holiday party last week? To help pep you up we asked our legal expert Tom O'Keefe about the realistic ramifications of overzealous holiday cheer. If you acted like a good boy or girl this year, just keep this advice in mind for the next time around. Note: This is sensible guidance, as well, for those regular happy hour sessions with your co-workers.
Q: Can I really get fired for having a good time at the office holiday party?
A: Yes, especially if your definition of "having a good time" includes getting wildly drunk, telling your boss how you "really feel," and/or getting down with Jennifer from marketing on top of the color copier. Unless you have an employment contract (or collective bargaining agreement) that limits your employer's ability to fire you, you're an "at-will" employee. As such, you can be let go for almost any reason, no matter how unfair you may believe it to be, as long as that reason does not violate the law (i.e., anti-discrimination laws).
Read more sobering advice about holiday parties after the jump.
But don't think that having an employment contract gives you a free pass to behave like Dionysus -- there are plenty of holiday office party pitfalls (mistletoe abuse) that can provide an employer with requisite "cause" to fire your intoxicated ass (consult your office "sexual harassment" policy).
In addition, far too many think that an office party held outside of the office is just "another party." Such people should be pitied, forced to wear safety helmets, and gently led to the nearest unemployment office. The office holiday party is a business event, no matter where it is held, where everything you do, say, drink and dry-hump can be a job killer. This is all especially true in the age of MySpace and Facebook, where people can far too easily document your behavior for everyone to see, judge and place in your personnel file.
So behave yourself. Take it easy on the booze, think twice about buying your Secret Santa gift at The Pleasure Chest, and stay just long enough to make a good impression or, failing that, no impression at all.
If you need to celebrate the holidays by making a drunken fool of yourself, save it for your buddy's party. After all, that's what friends are for.
Got any burning legal questions you want answered? Don't be shy, send us a brief. All names will be changed to protect the innocent.
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Tuesday 23 December
By northerner
Yeah, O'Keefe's right, if your behavior is that bad, you should be held accountable. Oh. Wait. I forgot. This is the Jimmy Carter/Bill Clinton/Chris Dodd/Barney Frank age now. No consequences for gross arrogance and stupidity or outright incompetence. Sorry. My bad. Enjoy yourself. Um, if you have a track record of f'ing up regularly at parties, maybe you should go at all. Dipstick. Or dipstick-ette. Learn some decorum. It's also called "self-control". Geez.
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Wednesday 24 December
By DJ Maniak
This is why I tend to opt out of going to any company functions EVERY year.
Wednesday 24 December
By northerner
You're smart, DJ. BTW, that blond in the Santa suit, I mean, that short skirt...great legs! Would like to have seen it ride up a little more...oops, there goes my mind again. Getting me into trouble. I don't go to company parties either.
Tuesday 08 December
By meandyou
This happened recently in our company party and I personally think that everyone gets into our business all the time. I think that company are getting to into their employees life even when you are not working meaning out of your work hours and all of us have personal life that no one should care about. Once you out of your working hours you can be whoever you are and no one should care. Now on a company event when you are NOT getting paid to be there and your own employers is offering the drinks, I think they should be reliable for that act and even when the president and the CEO acted just like you.....
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